Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, September 22, 1995                   TAG: 9509220082
SECTION: VIRGINIA                    PAGE: B1   EDITION: METRO 
SOURCE: JOEL TURNER STAFF WRITER
DATELINE:                                 LENGTH: Medium

NO FINE FOR THOSE WHO WON'T SIGN

Thomas and Deloras Whitt faced the possibility of a $50 fine until school officials said Thursday that they would take no action against them.

Joe Obenshain, assistant county attorney, said Thursday that the school system has no intention of asking the courts to fine the Whitts or any other parents who have "legitimate concerns" about signing the form.

A new state law requires parents to sign a pledge stating that they have seen the student code of conduct for their children's schools and recognize their responsibility to assist the schools in disciplining their children and maintaining order. Parents who do not return the pledge can be taken to court and fined $50.

As a result of the county school system's decision, a hearing that had been scheduled today on a request for a temporary restraining order has been canceled.

The Whitts, whose daughter, Tommie, is in the 10th grade, had asked U.S. District Judge Jackson Kiser to issue an order preventing the school from enforcing the contract until a full hearing can be held.

The Whitts, who are Southern Baptists, claim that the new mandate violates their religious rights because they do not believe in entering a contract to cooperate with governmental officials in managing their child's behavior.

The suit was filed by the Rutherford Institute, a Charlottesville-based religious liberties organization.

Dean Whitford, a staff attorney for Rutherford, said he expects the lawsuit to proceed unless the school system should make an acceptable offer for a settlement.

"Until they define what their position is, we can't say whether the remaining issues can be resolved," Whitford said.

"As to the merits of the case, we haven't had an opportunity to discuss it with them, but we will have further talks."

Obenshain said he expects the constitutional issues to be litigated at some point, but no date for a hearing has been set.

The new state law also says that parents are expected to meet with school officials if their child misbehaves. Parents who refuse can be fined $500.

Obenshain said county schools are still requesting parents to return the pledge and the "vast majority" have done so.

He said the schools "might well" seek court action against parents who ignore the conduct pledge and show no concern for managing their children's conduct after repeated requests for their assistance.

But school officials accept the legitimate concerns of the Whitts and other conscientious parents who object to signing the pledge, he said.

Obenshain said the schools have not developed a procedure for determining when court action will be initiated against parents.